Sentencing guidelines; definition of violent felony. (SB1214)
Introduced By
Sen. Richard Stuart (R-Westmoreland)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Sentencing guidelines; definition of violent felony. Adds to the list of violent felonies: killing of a fetus, criminal street gang recruitment, strangulation of another, assault and battery when it is a hate crime, felony violation of a protective order, felony infected sexual battery, enticement to bomb, manufacture bombs, hoax explosive devices, etc., willfully discharging a firearm in a public place resulting in bodily injury, brandishing a machete or other bladed weapon near a school, wearing body armor while committing certain crimes, possession of assault or other firearm by aliens, display of grooming video to child, cross burning, burning object with intent to intimidate, placing a swastika with intent to intimidate, displaying noose with intent to intimidate, treason, escape of sexually violent predator, and unauthorized dissemination of fusion center information resulting in death or serious bodily injury. When an offense falls under the definition of violent felony, sentencing ranges are increased, punishment is statutorily enhanced for certain other offenses, eligibility for participation in a drug treatment court is restricted, there is a presumption against bail for persons illegally present in the United States, the definition of victim for the purpose of compensation of crime victims by the Criminal Injuries Compensation Fund is expanded, registration of tow truck drivers is prohibited, and restoration of voting rights is limited.
Outcome
History
| Date | Action |
|---|---|
| 01/09/2013 | Prefiled and ordered printed; offered 01/09/13 13101864D |
| 01/09/2013 | Referred to Committee for Courts of Justice |
| 01/11/2013 | Impact statement from VCSC (SB1214) |
| 01/16/2013 | Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally) |
| 01/16/2013 | Committee substitute printed 13104032D-S1 |
| 01/16/2013 | Rereferred to Finance |
| 01/17/2013 | Impact statement from VCSC (SB1214S1) |
| 01/29/2013 | Reported from Finance (15-Y 0-N) (see vote tally) |
| 01/30/2013 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 01/31/2013 | Read second time |
| 01/31/2013 | Reading of substitute waived |
| 01/31/2013 | Committee substitute agreed to 13104032D-S1 |
| 01/31/2013 | Engrossed by Senate - committee substitute SB1214S1 |
| 02/01/2013 | Bills placed in block (39-Y 0-N) (see vote tally) |
| 02/01/2013 | Read third time and passed Senate (39-Y 0-N) (see vote tally) |
| 02/06/2013 | Placed on Calendar |
| 02/06/2013 | Read first time |
| 02/06/2013 | Referred to Committee for Courts of Justice |
| 02/08/2013 | Assigned Courts sub: #1 Criminal |
| 02/10/2013 | Impact statement from DPB (SB1214S1) |
| 02/11/2013 | Subcommittee recommends reporting with amendment(s) (8-Y 0-N) |
| 02/15/2013 | Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally) |
| 02/15/2013 | Committee substitute printed 13105092D-H1 |
| 02/18/2013 | Impact statement from VCSC (SB1214H1) |
| 02/19/2013 | Read second time |
| 02/20/2013 | Read third time |
| 02/20/2013 | Committee substitute agreed to 13105092D-H1 |
| 02/20/2013 | Engrossed by House - committee substitute SB1214H1 |
| 02/20/2013 | Passed House with substitute BLOCK VOTE (100-Y 0-N) |
| 02/20/2013 | VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally) |
| 02/21/2013 | House substitute agreed to by Senate (39-Y 0-N) (see vote tally) |
| 02/21/2013 | Title replaced 13105092D-H1 |
| 02/23/2013 | Enrolled |
| 02/23/2013 | Bill text as passed Senate and House (SB1214ER) |
| 02/23/2013 | Impact statement from VCSC (SB1214ER) |
| 02/23/2013 | Signed by President |
| 02/23/2013 | Signed by Speaker |
| 02/27/2013 | Impact statement from DPB (SB1214ER) |
| 03/20/2013 | G Approved by Governor-Chapter 647 (effective 7/1/13) |
| 03/20/2013 | G Acts of Assembly Chapter text (CHAP0647) |
Comments
What a mix of crimes.
Escape of a Sexually Violent Predator?
Any young, gay man who hasn’t “lived” with a lover for more than 2 years and has one sexual conviction can be considered an SVP by the state of Virginia, per the Static-99 assessment tool.
SVP’s are NOT prisoners; they are patients per the State and for civil commitment to remain Constitutional.
The Commonwealth goes to great extents to claim these men have a mental disorder and are unable to control themselves. Even though the Psychiatry field does not believe there is a medical condition that needs treatment under the Criminal Justice System’s guise of Sexually Violent Predator civil commitment.
In the end the state just wants to keep them locked up for as long as possible, treatment and curing them is NOT the goal. Civil commitment cost 3-4 times that of prison and there are a limited number of beds. The November 2011 JLARC report has been completely ignored by the Virginia Legislature and Governor, none of the recommendations have been done. But bills like this keep rolling in. If the state can claim the SVP attempted escape and then charge them with a new felony so they go back to a VA prison, then the state’s got more time to keep control of them and their saving money, Cha-ching!
Cross burning and swasticka's. I am not a cross burner but this law fringes on free speech.